Town clerk responds to complaint of vote tampering by candidate

FAIRHAVEN — Town Clerk Eileen Lowney said Wednesday there is no way anyone could have tampered with 48 ballots not included in the initial tally Monday.

Peggy Aulisio

FAIRHAVEN — Town Clerk Eileen Lowney said Wednesday there is no way anyone could have tampered with 48 ballots not included in the initial tally Monday.

The discovery of the ballots, which were rejected by voting machines, at least temporarily changed the results of the Board of Health race where John Wethington was declared the winner only to have Ms. Lowney later declare that Peter DeTerra had won. The count of the additional ballots resulted in Mr. Wethington losing by one vote instead of winning by three votes.

Windwise members issued a press release Tuesday suggesting Mr. DeTerra could have tampered with the Health Board votes. The press release says Mr. DeTerra was "seen in the clerk's office behind the counter in close proximity to the unlocked ballots. No police were present."

Mr. DeTerra said Wednesday he was never alone in the clerk's office. He said he was always with someone else in the hallway until he entered the banquet hall where all the candidates had gathered.

Kenneth Pottel of Windwise said he didn't write the press release but was asked to send it to the news media. He said he received it from John Methia and Ann DeNardis, an attorney who represents residents in a lawsuit against the town over the turbines.

Mr. Pottel said they were not accusing Mr. DeTerra of vote tampering, but were simply raising valid questions. "I'm not saying Peter was trying to change the vote, but things weren't done right." Mr. Pottel said. "There's a lot of confusion. Maybe the town clerk didn't know the other ballots were there. It raises questions about the process. She should have known there were 48 votes to count."

Ms. Lowney said it was virtually impossible for anyone to change the markings on 48 ballots without being seen.

"Everything has a lot of security," Ms. Lowney said.

She said the ballots that did not get counted by machines were in envelopes in bins under the voting machines. She called it "crazy" to think that Mr. DeTerra would have had time to change votes on them, including for other seats like selectmen and Planning Board, without being caught.

"They're grasping at straws trying to discredit my integrity and my operation of my office here," she said of the Windwise members who issued the press release.

Ms. Lowney said the outcome of the two close races will now be left to a recount at 5 p.m. next Tuesday at Town Hall — assuming the candidates return 10 valid signatures for each precinct, as required. She said she will not be recounting any votes later this week.

In retrospect, however, she said she erred in not counting those ballots before declaring a winner, even though it has never happened in her 18 years as town clerk that such ballots have changed the outcome. She said, "Had I counted them, I would have saved everyone the grief."

She also said she probably should have waited and not sworn Mr. Wethington in that evening.

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